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  1. #1
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    NK Agarwal
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    Default Can a CPIO compell the PA to provide information under RTI Act-2005?


    Under RTI Act-2005 the CPIO or PIO is to provide info to the applicant. Most of the time the CPIO/PIO are not be the custodian of info and he has to collect/obtain the same from a PA. Is the role of a CPIO/PIO just that of a postman or he/she can compell the PA to provide the info.



  2. #2
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    Default Re: Can a CPIO compell the PA to provide information under RTI Act-2005?


    If the PIO is not the custodian of the info, he may seek the assistance of anyone who is the holder of the info (HI), under Sec 5 (4) of the Act. The HI is duty bound, under Sec 5 (5) of the Act to render all assistance to the PIO. Ultimately it is responsibility of the PIO to evaluate whether the info can be furnished or it falls under any one of the exemption clauses provided in the Act. He has to take the decision whether to provide the info or not. Thus, the PIO is not a mere postman. He is the judge.

  3. #3
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    Default Re: Can a CPIO compell the PA to provide information under RTI Act-2005?


    What can CPIO/PIO do if the custodian of info refuses to give the info by invoking any of the clause of section 8?

  4. #4
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    C J Karira
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    Default Re: Can a CPIO compell the PA to provide information under RTI Act-2005?



    Quote Originally Posted by nk agarwal View Post
    What can CPIO/PIO do if the custodian of info refuses to give the info by invoking any of the clause of section 8?
    The decision to disclose/provide information or to deny it under any subsections of Sec 8 or 9 are only of the PIO. The custodian of the information cannot take that decision.
    Follow me on Twitter @cjkarira

  5. #5
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    Col NR Kurup (Retd)
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    Default Re: Can a CPIO compell the PA to provide information under RTI Act-2005?


    The architect of our RTI Act had visualised such a cituation and incorporated the solution in Section 5(5) of the RTI Act 2005. Hats off to them !

  6. #6
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    Default Re: Can a CPIO compell the PA to provide information under RTI Act-2005?


    This is fine, here the custodian of info is PA who is senior to CPIO/PIO and is the HOD.
    The HOD refuses the info by invoking clauses of section 8.

  7. #7
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    C J Karira
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    Default Re: Can a CPIO compell the PA to provide information under RTI Act-2005?


    If the HOD refuses to provide information to the PIO, the HOD becomes the "deemed" PIO. In such a situation although it continues to be the responsibility of the PIO to provide/deny information to the applicant, the "deemed" PIO becomes liable for Penalty under Sec 20(1) and Disciplinary Action under Sec 20(2).

    Hopefully all correspondence between the PIO and the HOD was in writing and under Sec 5(4) and 5(5).
    Follow me on Twitter @cjkarira

  8. #8
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    dhanabalan
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    Default Re: Can a CPIO compell the PA to provide information under RTI Act-2005?


    Custodian for a particular file is ADGP. To favour somebody, he destroyed that file, which is requested by the petitioner. ADGP is Appellate Authority. The APIO is DIG. APIO replied that the file is not available. In this case, ADGP is punishable. APIO is innocent.

    Dhanabalan



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